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Designer appeals loss after court finds bikini style name not a trade mark
Actuate Legal 2019-11-06 7:06 pm By Christine Caulfield Sydney

Women’s fashion designer Pinnacle Runway is challenging a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, but the challenge might cost more than the fight is worth, after a judge found the company had already spent “many times more in legal costs” then it could hope to recover.

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Fair Work Ombudsman ‘shocked’ after Woolworths reveals $300M staff underpayment
Employment 2019-10-30 2:07 pm By Christine Caulfield Melbourne

The Fair Work Ombudsmand has vowed to hold Woolworths to account after the supermarket giant disclosed Wednesday it had underpaid thousands of employees up to $300 million and was “deeply sorry”.

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After landmark Myer ruling, settlements in shareholder class actions to stay the norm
Allens 2019-10-25 8:39 pm By Christine Caulfield Melbourne

A groundbreaking class action ruling by the Federal Court on Thursday that found Myer misled shareholders and accepted the applicant’s market-based causation theory is the only judgment in an Australian securities class action since the first shareholder case was brought 20 years ago, and it might be the only one for years to come.

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Judge ‘defies anyone’ to understand confusing Surfstitch opt out notice
Alexander Edwards 2019-10-25 10:34 am By Miklos Bolza Sydney

A judge has ordered the legal teams behind two settled Surfstitch class actions to have another crack at the opt out notice, saying the current version is “just too confusing” for group members.

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Kmart pockets win over streetwear company in cargo pants IP dispute
Allens 2019-10-16 10:39 pm By Cat Fredenburgh Melbourne

Kmart has defeated claims by a streetwear company that the retail giant infringed the copyright for its cargo pants and shorts designs.

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Dick Smith cases to be heard together, after insurance class action plaintiffs drop discontinuance bid
Alec Leopold 2019-10-15 11:20 pm By Amelia Birnie Sydney

A judge has ordered all proceedings against Dick Smith to be heard concurrently during a marathon three month trial, after the plaintiffs in a shareholder class action brought against the failed electronics retailer’s insurers aborted a fleeting bid to temporarily discontinue their case.

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Surfstitch agrees to settle shareholder class actions, again
Arnold Bloch Leibler 2019-10-15 3:40 pm By Cat Fredenburgh Sydney

Online fashion retailer Surfstitch has reached an in-principle settlement in two shareholder class actions, about nine months after an initial agreement to resolve the dispute derailed.

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Target, Big W admit breaking the law in dealings with customers, ACCC says
Competition & Consumer Protection 2019-10-15 1:41 pm By Christine Caulfield Melbourne

Retailers Target and Big W have admitted they breached the consumer laws and potentially misled customers complaining about faulty Sony PlayStations and Dyson appliances, the ACCC said Tuesday.

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Sydney Metro loses bid for Tiffany & Co chats in dispute over flagship store
Ashurst 2019-10-15 10:52 am By Miklos Bolza Sydney

High-end jewellery retailer Tiffany & Co has won its bid to block Sydney Metro from accessing privileged documents in a dispute over the compulsory acquisition of its store in Sydney’s Martin Place for the $2.7 billion Sydney Metro rail project.

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Ex-Dick Smith directors seek damages against Deloitte over $520M float
Class Actions 2019-10-11 4:43 pm By Miklos Bolza Sydney

Two former Dick Smith directors targeted by dual class actions have expanded their case against Deloitte over the retailer’s 2016 collapse, saying if the company was found liable for shareholder losses then the auditor should be blamed for its shoddy work on the company’s financial statements during its float three years earlier.

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